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Rajendra Chhetri (Jt. Director)     05 July 2010

Need Help

Respected Sirs,

In continuation to my earlier questions for which have received answers. My problem is, my brother in law(he is a practicing lawyer)  managed to get a Will signed by my father and got registered at SDM's office. He has done this in presence of two lawyers and 2 persons as witnesses. A medical report is also supposed to have been attached as my father is ill and is under treatment in Delhi. Though my mother is here but we stay seperately and my parents dislike me because of the rift caused between me and my parents by my eldest sister and her lawyer husband. How can I protect myself to oppose the will.

My father has also taken power of attorney from me for 2 of the properties in 1995 but it appears that it has not been registered but the document could be registered anytime they want or may have been enclosed in the Will Deed as the Will deed runs into 4-5 pages I have learnt. I am in deep trouble and tension as I do not know what to do. I am the only son and very docile by nature. Two of my younger sisters are married outside the state and not entitled to property as per Sikkimese law. My elder sister and her husband are crazy for property and want to throw me out of all the property that I am heir to. I have two minor sons the elder of whom completes 18 in 2014. 1. Can I file a caviet to prevent the property from changing hands as the staff at DC office could get bribed and I would not know if the property changes ownership. 2. What can I do to prevent property from going into the hands of my ill  sister and her crooked husband at this stage. All documents pertaining to our property is supposed to be in the hands of my sister's husband. Our land and other immovable property together is worth more than 20 crores.

Please advise me on what course of action should I take. If anyone wants to help me besides this forum can contact me at sikphq@gmail.com



Learning

 1 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     05 July 2010

Dear Sir,

Having perused the facts given in the forum and query placed before us, I am of following view:

1. Get a certificate from a doctor to the effect that your father may be clinically alright but not in a position to read and understand anything much less signing due to certain accute medical ailmemnts (if your father is ill as you claim) or vice versa.

2. Protesting Will shall be a later stage when probate petition would be filed and for that you may wait for their action till then.

You may lodge complaints against those parties for getting a Will signed and executed & registered by indulging in fictitous situation and practices. You may also caution th epublic not to indulge in the interest of properties since being fraudukently handled by your in-laws.

Take appropriate advice from a lawyers you have confidence.

Trust this would suffice.

 

Rabin Majumder

Advocate & Attorney

New Delhi

nu.delhi.law.fora.

email ID: nudelhilawfora@gmail.com


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